[Federal Register: January 24, 2003 (Volume 68, Number 16)]
[Rules and Regulations]
[Page 3797-3801]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja03-30]
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Part X
Department of Justice
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Immigration and Naturalization Service
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8 CFR Part 103
Adjustment of Immigration Benefit Application Fees; Interim Rule
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 103
[INS No. 2257-03]
RIN 1115-AG96
Adjustment of Immigration Benefit Application Fees
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: This rule adjusts the immigration benefit application fee
schedule by subtracting the applicable amount of surcharges used for
asylum and refugee services, fee exemptions and fee waivers to comply
with section 457 of the Homeland Security Act of 2002, Public Law 107-
296. Fees collected from persons filing immigration benefit
applications are deposited into the Immigration Examinations Fee
Account (IEFA) and used to recover the full cost of processing
immigration benefit applications and associated administrative costs.
Federal guidelines require the Immigration and Naturalization Service
(Service or INS) to establish and collect fees to recover the full
costs of processing immigration benefit applications.
DATES: Effective date: This rule is effective January 24, 2003.
Comment date: Written comments must be submitted on or before March
25, 2003.
ADDRESSES: Please submit written comments to the Director, Regulations
and Forms Services Division, Immigration and Naturalization Service,
425 I Street NW., Room 4034, Washington, DC 20536. To ensure proper
handling, please reference INS Number 2257-03 on your correspondence.
You may also submit comments electronically at insregs@usdoj.gov. When
submitting comments electronically, you must include INS No. 2257-03 in
the subject box so that your comments can be properly routed to the
appropriate office. Comments are available for public inspection at the
above address by calling (202) 514-3291 to arrange for an appointment.
FOR FURTHER INFORMATION CONTACT: Paul Schlesinger, Chief, Immigration
Services Branch, Office of Budget, Immigration and Naturalization
Service, 425 I Street NW., Room 5307, Washington, DC 20536, telephone
(202) 514-3410.
SUPPLEMENTARY INFORMATION:
What Legal Authority Does the Service Have To Charge Fees?
A. Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriation Acts of 1989 and 1991
With reference to the fees for applications and petitions, the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriation Act, 1989, Public Law 100-459, sec. 209, 102
Stat. 2186, 2203 (October 1, 1988), authorized the Service to prescribe
and collect fees to recover the cost of providing certain immigration
and naturalization benefits. That law also authorized the establishment
of the IEFA in the Treasury of the United States. All revenue from fees
collected for immigration and naturalization benefits are deposited in
the IEFA and remain available to provide immigration and naturalization
services. 8 U.S.C. 1356(n).
In subsequent legislation, the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
1991, Public Law 101-515, sec. 210(d), 104 Stat. 2101, 2121 (November
5, 1990), Congress further provided that ``fees for providing
adjudication and naturalization services may be set at a level that
will ensure recovery of the full costs of providing all such services,
including the costs of similar services provided without charge to
asylum applicants or other immigrants. Such fees may also be set at a
level that will recover any additional costs associated with the
administration of the fees collected.'' 8 U.S.C. 1356(m).
The House Conference Report to the bill, entitled ``Making
Appropriations for the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies For the Fiscal Year Ending September
30, 1996, and For Other Purposes,'' H.R. Conf. Rep. No. 104-378, at 82
(1995), directs the Service to fund the cost of the Cuban-Haitian
Entrant Program from the IEFA. The Report states, ``(t)he conferees
have also agreed that the activities related to the resettlement of
Cubans and Haitians should be transferred to the * * * Service and that
the costs of these activities should be supported by the [IEFA].'' Id.
In a final rule effective October 13, 1998, except the Form N-400,
which took effect on January 15, 1999, the Service raised the majority
of fees to recover the full costs of processing immigration benefit
applications, and added a ``surcharge'' setting the fees at a level
sufficient to fund the processing of asylum and refugee applications as
well as those immigration benefit applications processed at no charge
to applicants/petitioners.
What Is the Impact of Section 457 of the Homeland Security Act on the
Current Fee Structure?
In section 457 of the Homeland Security Act of 2002, Congress
provided that ``Section 286(m) of the Immigration and Nationality Act
(8 U.S.C. 1356(m)) is amended by striking ``services, including the
costs of similar services provided without charge to asylum applicants
or other immigrants.'' and inserting ``services.''. The deletion of
this language has the effect of repealing the statutory basis for
surcharges. The Service is, therefore, required to reduce immigration
benefit application fees by an average of $50, or 25%, for the
surcharges applied to the majority of immigration benefit applications
as stated in 63 FR 1775 (proposed rule January 12, 1998). The surcharge
amount (as well as the costs of processing immigration benefit
applications) was subsequently increased by inflation factors as per 66
FR 65811 (final rule December 21, 2001).
The following table displays the surcharges per application for
asylum and refugee services, and for fee exemptions and fee waivers
(adjusted for inflation).
Table 1.--Surcharges per Immigration Benefit Application
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Fee
Form No. Description Asylum/ exemptions/ Total
refugee waivers
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I-17............................... Petition for Approval of $34.76 $27.85 $62.61
School for Attendance by
Nonimmigrant Student.
I-90............................... Application to Replace 19.29 15.46 34.75
Permanent Resident Card.
[[Page 3799]]
I-102.............................. Application for Replacement/ 15.24 12.21 27.45
Initial Nonimmigrant
Arrival/Departure Record.
I-129.............................. Petition for A Nonimmigrant 18.81 15.08 33.89
Worker.
I-129F............................. Petition for Alien 16.38 13.12 29.50
Fiance(e).
I-130.............................. Petition for Alien Relative 19.11 15.32 34.43
I-131.............................. Application for Travel 16.50 13.22 29.72
Document.
I-140.............................. Immigrant Petition for 19.88 15.92 35.80
Alien Worker.
I-191.............................. Application for Permission 29.45 23.59 53.04
to Return to an
Unrelinquished Domicile.
I-192.............................. Application for Advance 29.45 23.59 53.04
Permission to Enter as a
Nonimmigrant.
I-193.............................. Application for Waiver of 29.45 23.59 53.04
Passport and/or Visa.
I-212.............................. Application for Permission 29.45 23.59 53.04
to Reapply for Admission
into the U.S. After
Deportation or Removal.
I-485.............................. Application to Register 38.53 30.88 69.41
Permanent Residence or to
Adjust Status.
I-526.............................. Immigrant Petition by Alien 60.85 48.75 109.60
Entrepreneur.
I-539.............................. Application to Extend/ 20.94 16.77 37.71
Change Nonimmigrant Status.
I-600/600A......................... Petition to Classify Orphan 70.79 56.72 127.51
as an Immediate Relative/
Application for Advance
Processing or Orphan
Petition.
I-601.............................. Application for Waiver of 29.45 23.59 53.04
Grounds of Excludability.
I-612.............................. Application for Waiver of 29.45 23.59 53.04
the Foreign Residence
Requirement.
I-751.............................. Petition to Remove the 22.01 17.64 39.65
Conditions on Residence.
I-765.............................. Application for Employment 17.92 14.36 32.28
Authorization.
I-817.............................. Application for Family 20.92 16.76 37.68
Unity Benefits.
I-824.............................. Application for Action on 20.65 16.54 37.19
an Approved Application or
Petition.
I-829.............................. Petition by Entrepreneur to 60.69 48.63 109.32
Remove Conditions.
N-400.............................. Application for 39.77 31.87 71.64
Naturalization.
N-565.............................. Application for Replacement 23.55 18.87 42.42
Naturalization Citizenship
Document.
N-600.............................. Application for 28.32 22.69 51.01
Certification of
Citizenship.
N-643.............................. Application for Certificate 22.06 17.67 39.73
of Citizenship in Behalf
of an Adopted Child.
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The following table displays the new immigration benefit
application fees, minus the surcharge (rounded to the nearest $1.00).
Table 2.--Current Versus New Immigration Benefit Application Fees
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Form No. Description New fee Current fee Change
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I-17............................... Petition for Approval of $517 $580 ($63)
School Attendance by
Nonimmigrant Student.
I-90............................... Application to Replace 95 130 (35)
Permanent Resident Card.
I-102.............................. Application for Replacement/ 73 100 (27)
Initial Nonimmigrant
Arrival/Departure Record.
I-129.............................. Petition for A Nonimmigrant 96 130 (34)
Worker.
I-129F............................. Petition for Alien 81 110 (29)
Fianc[eacute](e).
I-130.............................. Petition for Alien Relative 96 130 (34)
I-131.............................. Application for Travel 80 110 (30)
Document.
I-140.............................. Immigrant Petition for 99 135 (36)
Alien Worker.
I-191.............................. Application for Permission 142 195 (53)
to Return to an
Unrelinquished Domicile.
I-192.............................. Application for Advance 142 195 (53)
Permission to Enter as a
Nonimmigrant.
I-193.............................. Application for Waiver of 142 195 (53)
Passport and/or Visa.
I-212.............................. Application for Permission 142 195 (53)
to Reapply for Admission
into the U.S. After
Deportation or Removal.
I-485.............................. Application to Register 186 255 (69)
Permanent Residence or to
Adjust Status.
I-526.............................. Immigrant Petition by Alien 290 400 (110)
Entrepreneur.
I-539.............................. Application to Extend/ 102 140 (38)
Change Nonimmigrant Status.
I-600/600A......................... Petition to Classify Orphan 332 460 (128)
as an Immediate Relative/
Application for Advance
Processing or Orphan
Petition.
I-601.............................. Application for Waiver of 142 195 (53)
Grounds of Excludability.
I-612.............................. Application for Waiver of 142 195 (53)
the Foreign Residence
Requirement.
I-751.............................. Petition to Remove the 105 145 (40)
Conditions on Residence.
I-765.............................. Application for Employment 88 120 (32)
Authorization.
I-817.............................. Application for Family 102 140 (38)
Unity Benefits.
I-824.............................. Application for Action on 103 140 (37)
an Approved Application or
Petition.
I-829.............................. Petition by Entrepreneur to 286 395 (109)
Remove Conditions.
N-400.............................. Application for 188 260 (72)
Naturalization.
N-565.............................. Application for Replacement 113 155 (42)
Naturalization Citizenship
Document.
N-600.............................. Application for 134 185 (51)
Certification of
Citizenship.
N-643.............................. Application for Certificate 105 145 (40)
of Citizenship in Behalf
of an Adopted Child.
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[[Page 3800]]
What Is the Impact of section 457 of the Homeland Security Act on
Current Programs?
The Service recognizes that this statutory amendment has the effect
of terminating the existing source of funding for the asylum and
refugee programs and, accordingly, will impair the Service's ability to
adjudicate applications for these programs. This amendment also
terminates the existing source of funding for the adjudication of other
applications for which the Service has granted a fee waiver under the
relevant standards, thereby eliminating the ability of the Service to
grant fee waivers and exemptions. However, the Service has no choice in
taking this action to revise the current fee schedule because Congress
has mandated that result, effective January 24, 2003.
Good Cause Exception
This interim rule is effective on January 24, 2003, although the
Service invites post promulgation comments and will address any such
comments in a final rule. The Service finds that good cause exists to
adopt this rule without the prior notice and comment period and delayed
effective date ordinarily required by 5 U.S.C. 553(b) and (d), since
section 457 of the Homeland Security Act of 2002, Public Law 107-296
takes effect on January 24, 2003.
Regulatory Flexibility Act
The Acting Commissioner, Immigration and Naturalization Service, in
accordance with 5 U.S.C. 605(b), has reviewed this regulation and by
approving it has determined that this rule will not have a significant
economic impact on a substantial number of small entities. The majority
of applications and petitions are submitted by individuals and not
small entities as that term is defined in 5 U.S.C. 601(6).
Although the Service acknowledges that a number of small entities,
particularly those filing business-related applications and petitions,
such as Form I-140, Immigrant Petition for Alien Worker; Form I-526,
Immigrant Petition by Alien Entrepreneur; and Form I-829, Petition by
Entrepreneur to Remove Conditions, may be affected by this rule, the
rule will have a positive impact since the Service will be reducing the
costs of petitions and applications.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local and
tribal governments, in the aggregate, or by the private sector of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Executive Order 12866
This rule is considered by the Department of Justice to be a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review. Accordingly, this rule has been
submitted to the Office of Management and Budget (OMB) for review.
The Service has assessed both the costs and benefits of this rule
as required by section 1(b)(6) of Executive Order 12866 and has made a
determination that the Service has no alternative other than to
eliminate the surcharge in order to comply with section 457 of Public
Law 107-296.
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the National Government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132, the Department of Justice has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a federalism summary impact statement.
Executive Order 12988: Civil Justice Reform
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
Paperwork Reduction Act
This rule requires that the fees for application and petition forms
identified in this interim rule be reduced to comply with section 457
of Public Law 107-296. Since a reduction of these fees will reduce the
cost burden on the public the Service has submitted the required
Paperwork Reduction Change Worksheet (OMB-83C) to the Office of
Management and Budget (OMB) reflecting the new fees and cost burdens on
the public, and OMB has approved the changes.
To ensure that the public is fully aware of these changes the new
fees will be highlighted on the Services Web site at: http://www.ins.usdoj.gov
.
List of Subjects in 8 CFR Part 103
Administrative practice and procedure, Authority delegations
(government agencies), Freedom of Information, Privacy, Reporting and
recordkeeping requirements, Surety bonds.
Accordingly, part 103 of chapter I of title 8 of the Code of
Federal Regulations is amended as follows:
PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF
SERVICE RECORDS
1. The authority citation for part 103 continues to read as
follows:
Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. 1101, 1103, 1304,
1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 15557; 3 CFR, 1982
Comp., p.166; 8 CFR part 2.
2. Section 103.7(b)(1) is amended by revising the entries for the
following forms, to read as follows:
Sec. 103.7 Fees.
* * * * *
(b) * * *
(1) * * *
* * * * *
Form I-17. For filing a petition for school approval or
recertification--$517 plus $350 per additional campus listed on Form
I-17B.
* * * * *
Form I-90. For filing an application for a Permanent Resident
Card (Form I-551) in lieu of an obsolete card or in lieu of one
lost, mutilated, or destroyed, or for a change in name--$95.
* * * * *
Form I-102. For filing a petition for an application (Form I-
102) for Arrival/Departure Record (Form I-94) or Crewman's Landing
(Form I-95), in lieu of one lost, mutilated, or destroyed--$73.
Form I-129. For filing a petition for a nonimmigrant worker, a
base fee of $96. For filing an H-1B petition a base fee of $96 plus
an additional $1,000 fee in a single remittance of $1,096. The
remittance may be in the form of one or two checks (one in the
amount of $1,000 and the other in the amount of $96). Payment of
this additional $1,000 fee is not waivable under Sec. 103.7(c)(1).
Payment of this additional $1,000 fee is not required if an
organization is exempt under Sec. 214.2(h)(19)(iii) of this
chapter, and this additional $1,000 fee also does not apply to
certain filings by any
[[Page 3801]]
employer as provided in Sec. 214.2(h)(19)(v) of this chapter.
Form I-129F. For filing a petition to classify nonimmigrant as
fianc[eacute]e or fianc[eacute] under section 214(d) of the Act--
$81.
Form I-130. For filing a petition to classify status of alien
relative for issuance of immigrant visa under section 204(a) of the
Act--$96.
Form I-131. For filing an application for travel documents--$80.
Form I-140. For filing a petition to classify preference status
of an alien on the basis of profession or occupation under section
204(a) of the Act--$99.
* * * * *
Form I-191. For filing applications for discretionary relief
under section 212(c) of the Act--$142.
Form I-192. For filing an application for discretionary relief
under section 212(d)(3) of the Act, except in an emergency case, or
where the approval of the application is in the interest of the
United States Government--$142.
Form I-193. For filing an application for waiver of passport
and/or visa--$142.
* * * * *
Form I-212. For filing an application for permission to reapply
for an excluded, deported or removed alien, an alien who has fallen
into distress, an alien who has been removed as an alien enemy, or
an alien who has been removed at government expense in lieu of
deportation--$142.
* * * * *
Form I-485. For filing an application for permanent resident
status or creation of a record of lawful permanent residence--$186
for an applicant 14 years of age or older; $160 for an applicant
under the age of 14 years; no fee for an applicant filing as a
refugee under section 209(a) of the Act.
* * * * *
Form I-526. For filing a petition for an alien entrepreneur--
$290.
* * * * *
Form I-539. For filing an application to extend or change
nonimmigrant status--$102.
* * * * *
Form I-600. For filing a petition to classify orphan as an
immediate relative for issuance of immigrant visa under section
204(a) of the Act. (When more than one petition is submitted by the
same petitioner on behalf of orphans who are brothers or sisters,
only one fee will be required.)--$332.
Form I-600A. For filing an application for advance processing of
orphan petition. (When more than one petition is submitted by the
same petitioner on behalf of orphans who are brothers or sisters,
only one fee will be required.)--$332.
Form I-601. For filing an application for waiver of ground of
inadmissibility under section 212(h) or (i) of the Act. (Only a
single application and fee shall be required when the alien is
applying simultaneously for a waiver under both those
subsections.)--$142.
Form I-612. For filing an application for waiver of the foreign-
residence requirement under section 212(e) of the Act--$142.
* * * * *
Form I-751. For filing a petition to remove the conditions on
residence, based on marriage--$105.
Form I-765. For filing an application for employment
authorization pursuant to 8 CFR 274a.13--$88.
* * * * *
Form I-817. For filing an application for voluntary departure
under the Family Unity Program--$102.
* * * * *
Form I-824. For filing for action on an approved application or
petition--$103.
Form I-829. For filing a petition by entrepreneur to remove
conditions--$286.
* * * * *
Form N-400. For filing an application for naturalization--$188.
* * * * *
Form N-565. For filing an application for a certificate of
naturalization or declaration of intention in lieu of a certificate
or declaration alleged to have been lost, mutilated, or destroyed;
for a certificate of citizenship in a changed name under section
343(c) of the Act; or for a special certificate of naturalization to
obtain recognition as a citizen of the United States by a foreign
state under section 343(b) of the Act--$113.
Form N-600. For filing an application for a certificate of
citizenship under section 309(c) or section 341 of the Act--$134.
Form N-643. For filing an application for a certificate of
citizenship on behalf of an adopted child--$105.
* * * * *
Dated: January 23, 2003.
Michael J. Garcia,
Acting Commissioner, Immigration and Naturalization Service.
[FR Doc. 03-1853 Filed 1-23-03; 11:21 am]
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